Colorado Lease Agreements (6) | Residential & Commercial

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Updated January 11, 2023

A Colorado lease agreement is written between a lessor and lessee to make a formal contract for the renting of commercial or residential property. It’s recommended that the landlord obtain the tenant’s personal information in order to properly run a credit and background check and to know if they are credible to pay rent on a monthly basis.

Rental Application – A tool used by the landlord to obtain the tenant’s personal information and consent to run a background check and credit report.

Table of Contents

Agreement Types (6)

Standard Lease Agreement – Fixed-term arrangement with a start and end date. Typically for one year.

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Commercial Lease Agreement – For the use of any type of non-residential property, including but not limited to land, office, retail, industrial, and storage space.

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Month-to-Month Lease Agreement – Known as a “tenancy at will,” which allows the tenant and landlord to have a basic rental arrangement with no end date. The contract is canceled by sending a notice to the other party.

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Rent-to-Own Lease Agreement– Standard residential lease template with the added option of being able to purchase the premises.

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Room Rental (Roommate) Agreement– Contract amongst roommates to clarify payment, cleaning, and everyday responsibilities of the rental unit.

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Sublease Agreement – Allows a subtenant, with the written consent of the landlord, to take over another’s lease.

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Required Disclosures (1)

Lead Paint Disclosure – Under federal law, required for any housing structure built prior to 1978.

Security Deposit

Maximum – No maximum.

Returning (C.R.S. § 38-12-103 & C.R.S. § 38-12-104) – The landlord must send payment within one (1) month if the lease does not mention a return timetable. If the lease does specify a return deadline, it cannot be more than sixty (60) days.

  • If the lease was broken due to a hazardous condition because of gas equipment tenant should receive their money within seventy-two (72) hours.

When is Rent Due? (Grace Period)

There is a seven (7) day grace period for late rent in Colorado. No penalties on rent can be charged until the eighth (8th) day (C.R.S. § 38-12-105).

If the tenant does not pay on the eighth (8th) day, the landlord can issue a 10-day notice to quit.

Late Fees

Written Disclosure ((C.R.S. § 38-12-105(1)(c)))- Colorado law allows landlords or a landlord’s agent to charge late fees provided the fee is disclosed on the lease agreement

Maximum Penalty (C.R.S. § 38-12-105(1)) – Landlords can charge a late fee of $50.00 or five percent (5%) of the amount of past due rent, whichever is greater.

NSF Fee (§ 13-21-109(1)(b)(1)) – A landlord may charge up to $20.

Right to Enter (Landlord)

There are no rules regarding a landlord’s entry in Colorado. It is recommended that a landlord give 24 to 48-hour notice prior to a non-emergency entry.

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